GENERAL CONTRACTING CONDITIONS
- PARTIES AND ACCEPTANCE OF THE GENERAL CONTRACTING CONDITIONS:
On the one hand, the provider of the products, Fitness House Innovation S.L (hereinafter also the “Provider”), with registered office at Av/Constitució,24, 46136 Museros., (Valencia), N.I.F. B98459225 and e-mail: firstname.lastname@example.org, being the owner of the website www.helliot-bikes.eu, exposes the contractual document that will govern the contracting of products through the website reviewed. And on the other hand, the “User – Client” (hereinafter the User), who is registered on the website by means of both a username and password, with full responsibility for their use and custody, being accountable for the veracity of the personal data submitted to the provider.
The Parties BOTH ACCEPT this document, with the following implications whereas the user:
- Has read, understood and agreed with this text.
- Declares being a person of legal age and with sufficient capacity to enter into agreements and be bound to the conditions herein inserted.
- To assume all the obligations set forth herein.
- You have read and accepted these general purchasing conditions from the moment you purchase any of the products that are offered.
This document can be printed and stored by the Users.
In case the Users have any questions regarding these conditions, they may contact the Provider through their contact e-mail address, email@example.com.
The present conditions will have an indefinite period of validity and will be applicable to all the agreements made through the website of the Provider. The Provider, with the objective of improving the products offered, reserves the right to unilaterally modify these General Contracting Conditions, without it affecting the goods or special offers that were acquired prior to the modification. In any case, these general conditions must be reviewed prior to purchasing the products. It is advisable that you keep a copy of the data included within the purchased products.
Fitness House Innovation S.L is not responsible for any loss of data, files, or any damage that may result from the User’s failure to backup the data included in the purchased products, such as memory cards. Fitness House Innovation S.L is not responsible for any and all consequences that may result from improper use of the products that are sold on the web.
The civil liability of Fitness House Innovation S.L for the products supplied is limited to the amount of the same, and at the same time, the User waives to claim any liability to the Provider for any case related to the dissatisfaction of the products purchased on the website www.helliot-bikes.eu, as well as any possible failures, slow access, or errors in accessing the web, which may include the loss of data or other information that may exist in the computer or network of the User accessing the web. Fitness House Innovation S.L is a company specialized in the remote sale of products from Sports. Fitness House Innovation S.L sells its products over the Internet through its website and / or by phone. Fitness House Innovation S.L has the physical store in Avd. Constitucio 24, Museros. for the sale of products.
- OBJECT OF THE AGREEMENT:
2.1 Scope of application: The purpose of this agreement is to regulate the contractual purchase-sale relationship between the Provider and the User, which begins at the moment the User accepts by checking the corresponding box during the online contracting process, implying their acknowledgement and agreement to these purchasing conditions. These GCC will apply from the day the order is placed.
The contractual purchase-sale relationship includes the delivery of a specific product, in exchange for a specific price that is publicly exposed through the website.
2.2 Territory of application: The virtual store of www.helliot-bikes.eu is active throughout Europe.
2.3 Legal capacity: To be able to place an order, you must be of legal age and have the required legal capacity to contract the services outlined in the Website.
2.4 Consent of the Client: The validation of an order through the web www.helliot-bikes.eu is executed by email, which also implies the automatic acceptance of the GCC. These conditions are available on the website www.helliot-bikes.eu or, if desired and requested, can be made available to you by email.
2.5. Modification of the General Contracting Conditions: Fitness House Innovation S.L reserves the right to make changes and / or modifications to these GCC. We advise our clients to check and review them regularly. In the event that these changes or modifications were introduced after an order was placed, the conditions that will apply will be those of the date on which the order was placed.
- INFORMATION PROVIDED ON THE WEB www.helliot-bikes.eu:
3.1 Publication of prices: Exceptionally, the prices of the products shown on our website can be specified with errors and show a lower price than the actual corresponding price. In such event,and if we have already confirmed your order, we will contact you immediately in order to issue a new order confirmation that includes the correct price. In cases in which the actual corresponding price is higher, you may cancel your order and we will reimburse you for any amount that you have already paid.
3.2 Product information: The information contained in our advertising, brochures, and other written material, that can be either shown on our website or provided by our any of our agents and/or employees, all constitute an invitation to make a deal. This information does not constitute an offer to supply any product on our behalf.
The contents of www.helliot-bikes.eu are constantly renewed and updated in order to offer our clients the most complete and detailed information possible. As a result, it is possible that the contents may show, on exceptional occasions, provisional information in relation to some of the products. In the event that the information provided does not correspond to the characteristics of the product, the client will have the right to cancel the purchase without any cost on their behalf.
All contractual information on the website is displayed in Spanish (Castilian) and communication with customers and Users, as well as the formalization of the contract, will be made in this language, although, if desired, the client may request to be addressed in another language, as long as there is an indication to such request prior to beginning the contracting procedure.
3.3 Availability of the product(s): There may be occasions when it could be impossible to supply all the products, which could be because they are either not in stock or available at the time of purchase. In these cases, we will contact you to give you a choice between the following options:
- a) choice of an alternative product, with similar characteristics of the product to be replaced;
- b) In case you prefer to wait for the product to be available in the store again, we may communicate with you once the product is available.
If you decline to any of the above-indicated options, the order related to these products will be canceled and any amount paid for them will be reimbursed.
3.4 Right of Cancellation: Fitness House Innovation S.L reserves the right for this action (right of cancellation), which is an action consisting in not sending a specific product that does not meet the quality requirements imposed on all products of www.helliot-bikes.eu. In the event that this lack of quality is detected, the Customer Service of Fitness House Innovation S.L will suggest a replacement product and, if the replacement product is not of the client’s liking, the cost of said product will be reimbursed.
3.5 Orders 24 hours a day, every day of the year: The available admission hours for orders is twenty-four (24) hours, three hundred and sixty-five (365) days of the year, although orders placed after Seven PM/Nineteen PM (7:00 PM/ 19:00 PM) will not be processed that same day. Orders which have been received after the stated hours will be next processed on the following business day in Valencia. Orders received during the weekend will be processed early on the following Monday, or on the next business day.
3.6 Fraud: If any anomaly or fraud is suspected and detected, Fitness House Innovation S.L. reserves the right to cancel the transaction for security reasons.
- PURCHASE PROCEDURE:
The User will select a username and password, committing to make a diligent use of both of them, as well as to not make them available to third parties. Additionally, the User must notify the Provider in the event of loss or theft of such username and password, as well as of the possible access by an unauthorized third party, in order to proceed to the immediate blocking of such data.
When choosing a username, the User will not be able to choose words that have the purpose of confusing others by identifying the latter as an integral member of the Provider, as well as expressions that are abusive, injurious and in general contrary to the law or to the demands of morality and good manners.
Once the User account has been created, please note that in accordance with the provisions set forth by Article 27 of Law 34/2002 for the Information Society and Electronic Commerce Services, the contracting procedure will be conducted through the following steps:
- The product is chosen by clicking on it, and it will be automatically added in the “Shopping Cart”.
- If there are more products to be added, the option “Continue Shopping” must be selected. If a product was mistakenly added or not wanted, you must click on the option to remove it from the shopping cart. In the shopping cart, you will see the items, the quantity, the price and the total amount for the products. Once all the products have been chosen, taxes, charges, and discounts will be calculated according to the payment and shipping data entered.
- Once the product (s) has/have been chosen, you must click on the final tab to place the order. When you click on this option, the purchase confirmation will appear (summary of the order placed, your data and chosen form of payment).
Please check the Spam and Spam controls in your e-mail Inbox and always verify that the contact information you provide is correct.
- To finish the process, you must click on the Finish button.
In any case, the Provider’s contracting platform will inform the User, once the contracting procedure is finished by means of an e-mail, which includes all the characteristics, price, transportations means, date of contracting, and estimated delivery of the purchased product(s).
If there is any type of error in the indicated address or in any other part of the order, you must immediately notify such error to the Customer Service e-mail address that will appear on the web, in order to proceed to its correction.
If you have any questions, you may contact our Customer Service through any of the methods provided on the website www.helliot-bikes.eu.
Fitness House Innovation S.L will provide Customer Service in a FREE manner, through our contact email firstname.lastname@example.org. If you choose an alternative method of communication, the User is responsible for bearing all costs pertaining to such chosen method.
Fitness House Innovation S.L puts at your disposal contact telephone numbers in Spain, and calling fees are subject to those established by your telephone operator.
PURCHASE AS A GUEST
This website also has the option to purchase through the purchase functionality as a guest. In this purchase mode, you will only be asked for the essential information to process your order. Once the purchase process is finished, you will be offered the possibility to register as a User or continue as a non-registered User.
Shipments will be made through the Company SEUR, whose Customer Service telephone number is 902 10 10 10. The shipping costs will be applied in the following manner:
The delivery time is usually between 3-4 working days, depending on the population of the destination and the chosen payment method. This term is understood as long as the availability of the products has been confirmed and the full payment of the order has been verified.
If the data provided by the User is either false, inaccurate, or incomplete, the Provider will not assume any responsibility in the event the delivery of the product or service is not completed.
The delivery will be considered completed once the carrier has made the products available to the User and the latter, or the delegate of the latter, has signed the delivery receipt.
The User is responsible of verifying the product(s) upon receipt and manifesting all the reservations and claims that may be justified in the delivery receipt.
In the event that the Contract does not involve the physical delivery of any product, being that the product is directly downloaded from the website, the provider will inform the User in advance about the procedure to be followed in order to perform such download.
The Seller assumes no responsibility when the delivery of the Product does not take place as a result of false, inaccurate or incomplete data or when the delivery cannot take place for reasons beyond the Seller’s control such as the absence of the addressee or retention of the shipment in customs. In any case, this delay shall not entail the obligation to compensate any amount.
- PRICES AND VALIDITY PERIOD OF THE OFFERS:
All prices displayed in the www.helliot-bikes.eu store include the VAT in force at the time of purchase. All the prices that appear on the website are valid, except those with typographical errors or related to products no longer in stock, and in any case, they will be expressed in Euro currency (€). Said expenses, unless expressly indicated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services and attachments to the product or service purchased. (VALUE ON ADDED TAX: In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the products or services shall be understood to be located in the territory of application of the Spanish VAT, if the delivery address is in Spanish territory.
The payment made to the Provider will entail the issuance of an invoice in the name of the registered User. This invoice will be automatically sent to the e-mail address provided by the User, as well as a copy that is included in the delivery of the purchased product in printed form.
The prices that applicable to each product will be those published on the website, and they are automatically applied by the contracting process in its last phase. The client accepts and acknowledges that, in any case, the economic valuation of some of the products may vary in real time. In any case, such situations will always be previously communicated to the Users.
For the promotions of limited duration, the discount of the promotion will be applied as long as the order has been registered and concluded during the established promotion period.
The data recorded by the different payment methods constitute a proof of the date on which the financial transactions were carried out and will serve to determine if said order is or is not subject to promotion.
For any information about the order, the User can contact through the Customer service phone of the PROVIDER or via email to the address provided.
- PAYMENT METHODS:
Below we detail the available payment systems:
7.1 Payment by credit or debit card: The User must have a valid credit or debit card, where all the digits of the card number must be specified in the corresponding form. The transaction is formally completed at the time of placing the order. We only accept payments with secure cards in which identity authentication is carried out by the cardholder, according to the method established by your bank, through secure electronic commerce. The order can not be taken into account and will not be processed until the payment has been authorized by your bank or savings bank.
The payment system used is the system called SSL (Secure Sockets Layer), which offers a secure environment payment system since it allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.
7.2 Collect on delivery (cash on delivery): The form “collect on delivery” occurs when payment is performed at the time of delivery of the order. In this case, at the moment the transport company delivers the package, you must have the amount prepared corresponding to the order to make the payment thereof. If this is not the case, the recipient must go to the Company to collect said order, and the same will happen if the recipient is reported as absent at the moment of the delivery address on two separate occasions. The delivery of orders will only be made at the address provided by the User when placing the order.
7.3 Payment by transfer or deposit account: At the time of completing the order, the User will receive instructions to pay the order by transfer to the indicated account number. It is essential that both the assigned order number and the name of the User are clearly indicated in the transfer order. In order to confirm the order, it will be necessary to make the transfer within 7 days, otherwise it will be canceled in our system.
- DELIVERY OF ORDERS:
8.1 Delivery Address: The delivery of orders will be made at the delivery address freely designated by the User. In this way, the Provider does not assume any responsibility in those cases where the delivery of the product does not occur if the User has provided data that is false, inaccurate, or incomplete. The same happens in those cases where the delivery can not be completed for reasons beyond control of the shipping company assigned for that purpose, such as the absence of the recipient.
The delivery time of the order will be during regular business hours.
Notwithstanding the foregoing, the Provider has adopted the measures required of a diligent merchant so that the delivery can be made within the agreed time period, so no liability can be attributed against the Provider.
Shipments are only made to destinations in Peninsular Spain and the Balearic Islands and the rest of Europe.
Fitness House Innovation S.L will put all the means at your disposal so that your order is delivered within the time period that is shown on our website, on the date of issuance of the order confirmation.
8.2 Terms of delivery: These terms correspond to those established in the file of each product. In case the products not available at the time of purchase, our Customer Service Department can provide you with availability information and a delivery deadline.
If you have requested several products in the same order, keep in mind that they may have different availability dates, in which case you could receive them on different dates. Please note that in the absence of availability of any of the references at the time of shipment, you have the right to cancel at any time before sending the order, by contacting our Customer Service through the following email address: email@example.com, where you shall supply the order number.
8.3 Shipping confirmation: At the time of delivery of the order to our carrier, we will send a shipping confirmation to the email address that you have provided when placing the order. In the shipping confirmation, we will indicate the corresponding tracking number so you can track it through the website of our carrier.
8.4 Damage to delivery: The products are checked in the warehouse before leaving, delivered in secure packaging. If at the time of delivery it is visible, that the box or the product has defects caused by damage caused by transport or is seen, in the same way, an error in the merchandise received, the customer must detail this fact in the “proof of delivery signed by the carrier” and contact our Customer Service line 960032879 or the email “firstname.lastname@example.org” within 24 hours after receipt of the goods.
A proof of delivery without any damage report is equivalent to a product with the packaging in perfect condition. Likewise, if damage is detected in the product once the package is opened with the packaging in perfect condition, the customer has 24 hours from receipt to contact our Customer Service line 960032879 or email “email@example.com ” After 24 hours of delivery, no claims will be accepted for damage to the product.
For change, cancellation or return of your order contact firstname.lastname@example.org we will help you and we will indicate the way to do it.
In accordance with Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users and with Law 7/1996 on Retail Trade, if For any reason you are not satisfied with your order, you have the right to refuse the purchase within a period of 14 days. This means that you can voluntarily return your product within 14 calendar days after receiving it. This right may be exercised on one of the products, on several, or on the entire order in its entirety.
You must notify by email to email@example.com indicating full name and order number, our incident manager will indicate the corresponding procedure and send you the relevant document of desestimiento, which will have to send along with the product.
For the return of the product, we recommend that it be done by the same transportation agency with which it arrived. The refund of the amount will be made in the same way as the payment, discounting the shipping costs.
The bicycles outlet are new, either with the packaging deteriorated, or because they have been assembled and disassembled for various reasons, exhibition, product test, advertising, … Being in perfect condition of use. They can contain, not all, some tare (aesthetic deficiency of little importance of minimal form).In the case of reconditioned bicycles, which come from return, may contain some tare or damage, which will be indicated in the description. It is important that if you have any doubt in this respect you contact via telephone, whatsapp, mail, …
Fitness House Innovation S.L will not refund the amount or make any return of merchandise until the reception and state of packaging and accessories of the product object of the return or change in our warehouse has been verified.
The refund will be made within a period of 15 business days from receipt and verification of the conditions of receipt of the shipment. The maximum period to make the established payment is one month. To proceed with the refund you must give us the following information:
IBAN + 20 digits of your bank account
Royal Legislative Decree 1/2007 of November 16 grants durable goods a legal guarantee of 2 years from the date of delivery. The consumer and user must inform the seller of the lack of conformity within two months of having knowledge of it.
Deficiencies caused by negligence, bumping, use or undue manipulation are not included.
For the processing of the same should be contacted by phone or email to firstname.lastname@example.org
Any questions or clarifications about this, contact us.
- ONLINE DISPUTE RESOLUTION
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, the Online Dispute Resolution Platform, which acts as an intermediary between the USER and PROVIDER. This organisation is neutral and will dialogue with both parties to reach an agreement, which may lead to suggest and / or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/
- NULL AND VOID CLAUSES:
If any clause included in these General Conditions is declared ,either totally or partially, as null or void, such nullity or voidness will only affect that sole provision or the part of it that is null or void, implying that the remaining General Conditions will subsist, having said provision, or the affected part of the same, considered as being excluded.
- APPLICABLE LAW AND JURISDICTION:
These conditions will be governed or interpreted in accordance with Spanish legislation in those matters that are not expressly established. In reference to the products and services that are subject to these Conditions, the Provider and the User agree to submit any dispute that may arise in such matters, to the Courts pertaining to the domicile of the Provider (if it is a legal entity) or the User (if it is a natural person).
In the event that the User has its domicile outside of Spain, the Provider and the User, expressly waive any other forum, submitting to the Courts of the city of Barcelona (Spain).
- COMMENTS AND SUGGESTIONS:
Your comments and suggestions are welcomed. We kindly ask you to send us any comments and suggestions through our contact form.
In addition, we have official complaint forms that available to consumers and Users. You can request them by calling the Customer Service number 960032879 or through our contact form.